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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Satya Arinanto
Faculty of Law, Universitas Indonesia
Law, Crime, Criminology & Criminal Justice

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Informal Constitutional Change in Indonesia Wachid Nugroho; Satya Arinanto; John Pieris; Fauzan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6550

Abstract

The interpretation of the constitution by the Constitutional Court marks the occurrence of informal changes to the constitution as a result of the dialectic between the constitutional document (the 1945 Constitution) and certain primary forces of constitutional change. This study employs four approaches: the conceptual approach, the statutory approach, the case approach, and the comparative approach. This study concludes that several articles in the 1945 Constitution, following the amendments, have changed ius constituendum, as the norms that apply as ius constitutum are those that have evolved through the method of constitutional interpretation by the Constitutional Court. It is this ius constitutum that functions as a quasi-constitution.
Co-Authors Fauzan John Pieris Wachid Nugroho